Religion Clause

Wednesday, April 13, 2011

Priest Convicted In 2006 of Old Murder of Nun Gets New Hearing On Some Evidence

A Toledo, Ohio Catholic priest who was convicted in 2006 of murdering a nun 26 years earlier has been granted a hearing later this month on two challenges to his conviction. In State of Ohio v. Robinson, (Com. Pl., April 11, 2011), a state trial court judge ruled that defendant Gerald Robinson is entitled to a hearing to adduce evidence from some 136 documents relating to the case that had been misfiled and never furnished to him before trial Judge Gene Zmuda also allowed Robinson to challenge affidavits from his trial counsel that the state used as evidence in opposing Robinson's petition for post-conviction relief. Yesterday's Toledo Blade reports on the case. Testimony in Robinson's trial in 2006 suggested ritualistic murder was involved. (See prior posting.)

Swiss Court Acquits Protesters Who Planned To Burn Bible, Qur'an

World Radio Switzerland and Swissinfo.ch reported yesterday that a judge has acquitted three Hindu men who were arrested when they announced last year that they planned to burn the Bible and the Qur'an outside the federal parliament building in Bern's Parliament Square. The three, who want the Bible and Qur'an banned for children, claim that the religious books encourage violence and contain pornographic material. The court ruled that the defendants did not break Swiss law on freedom of faith and religious practice in announcing their intent to burn the books. They were assessed half the court costs, however, on the ground that they had injured the religious feelings of others. But that amount was largely offset by an award to them for the two days they spent in custody.

Utah Supreme Court Hears Re-argument In FLDS United Effort Plan Trust Cases

The Utah Supreme Court yesterday reheard oral argument in two cases involving the FLDS United Effort Plan Trust. An audio recording of the full arguments is available online. The first case, FLDS v. Lindberg, involves the question of whether FLDS church members can collaterally attack reform of the trust over three years after the trial court entered its order. The second case, Snow, Christensen and Martineau, involves the trial's court's disqualification of a law firm from representing FLDS members in an action against the trust because the firm previously had a legal relationship with the trust. (See prior posting.) The state Supreme Court ordered re-argument after a federal judge held that Utah state courts acted unconstitutionally in ordering reform of the FLDS United Effort Plan Trust. (See prior posting.) AP reports on the argument.

Arizona Governor Vetoes Free Exercise Legislation Out of Concern It Could Protect FLDS Members

Arizona Governor Jan Brewer on Monday vetoed SB 1288, a bill that would have prohibited denial or revocation of occupational licenses based on a person's exercise of religion. (See prior posting.) The Verde (AZ) Independent reports that Brewer's veto message stated broadly that: "This bill could protect conduct that harms the public but cannot be readily addressed if the person claims that the conduct is based on religious beliefs." Apparently her veto was based primarily on her concern that the bill would have prevented the suspension of certification of police officers who practiced polygamy in the FLDS-controlled town of Colorado City, Arizona. It might well have also protected officers who refused to give information regarding fugitive FLDS leader Warren Jeffs, claiming that protecting him was a religious practice. Brewer says she will cooperate with the legislature next session to draft a more acceptable version of the law.

UPDATE: Here is the full text of the Governor's veto letter. [Thanks to Volokh Conspiracy.]

Litigious Preacher Sues School District Over Students' Rights To Wear T-Shirts

The Dayton (OH) Daily News reports that on Friday, fire-and-brimstone preacher Orlando Bethel and his wife Glynis filed a federal lawsuit against the Middletown, Ohio school district after school officials objected to the T-shirts worn by their daughter Zoe. The complaint (full text) in Bethel v. Middletown City School District, (SD OH, filed 4/8/2011), challenges the constitutionality of Ohio's compulsory school attendance law and a school practice of having children stand to recite the Pledge of Allegiance. In addition the suit alleges that school officials have interfered with the free exercise rights of plaintiffs' children to wear T-shirts with religious messages on them. Plaintiffs' daughter on one day wore a T-shirt that proclaimed "God Hates Whores." On another day she wore a shirt with the slogan: "God Hates Muslims Gays." The complaint alleges in part that: "Glynis Bethel, in order to talk about JESUS CHRIST on the campus used her minor children to strategically plant them in the schools to preach the gospel of JESUS CHRIST as an expression of their Religious beliefs..."

Last Friday police arrested Orlando Bethel on charges of obstructing official business as he interfered with officers' questioning of two of his children about whether the parents were forcing Zoe Bethel to wear the T-shirts. On Monday Orlando Bethel was fined $150 and given a 30-day suspended sentence. The Bethel's have filed some 50 similar lawsuits, mostly in southern states. The pleadings in a number of these lawsuits are posted on the Repent or Burn in Hell message board.

UPDATE: On April 21, an Ohio federal magistrate judge recommended dismissal of the Bethel's lawsuit. (Dayton Daily News.)

Guns In Church For Self-Defense OK'd By Virginia Attorney General

Virginia's Attorney General last week issued an opinion (full text) concluding that under state law is is permissible for a citizen to carry firearms into a place of worship for personal safety purposes. Section 18.2-283 of the Virginia Code outlaws carrying firearms to a place of worship while a meeting for religious purposes is being held only if done so "without good and sufficient reason." Self-defense and personal safety constitute "good and sufficient reason" under the statute according to the AG's Opinion. However, the Opinion also makes it clear that: "Churches, synagogues, mosques and other religious entities can, like any other owner of property, restrict or ban the carrying of weapons onto their private property." [Thanks to First Amendment Law Prof Blog via Volokh Conspiracy for the lead.]

Tuesday, April 12, 2011

State Judge Tells Administrator of FLDS Trust To Ignore Federal Court Order

As previously reported, last week Utah federal district judge Dee Benson signed a temporary order giving control of the United Effort Plan Trust back to the FLDS Church. (See prior posting.) Benson had already ruled that the efforts of Utah state courts to reform the trust were unconstitutional. Now, according to yesterday's Salt Lake Tribune, the state judge who has been presiding over the attempts to reform the trust has ordered the special trust administrator she has appointed not to turn assets or documents over to the Church until appeals in state and federal courts are resolved. Third District Judge Denise Lindberg ordered administrator Bruce Wisan not to comply with the federal court order, saying: "Until all these thorny issues are finally resolved by the appropriate appellate courts ... this court must continue its oversight of the trust." However she also ordered Wisan not to make major changes while the appeals are underway.

D.C. Vouchers In, Local Funding of Abortions Out, In Budget Bill; City Officials Protest

The budget deal reached Saturday night between the President and Congress apparently includes two controversial riders supported by Republicans relating to Washington, DC. AP reports that the compromise reinstates a ban on the District of Columbia using its own local tax funds to pay for abortions for poor women. Also, according to World Magazine, the President agreed to include the SOAR Act as part of the final budget bill. The act reopens the voucher program that provides funds for poor parents in the District of Columbia to send their children to a school of their choice, including private and parochial schools. The bill also increases the amount of the scholarship granted to each student to between $8000 and $12,000 per child, depending on grade level. The majority of D.C. city council supports the voucher program, but the mayor and D.C.'s Congressional delegate oppose it. Still unclear is whether the final bill will also ban the use of local funds for needle exchange programs. On Monday, a demonstration near the Hart Senate Office Building protested the treatment of D.C. in the bill. According to Politico, D.C. Mayor Vincent Gray and six members of city council were arrested in the protest.

RLUIPA Lawsuit Involves Dispute Over The Current Zoning Designation of Shopping Center

A Bolingbrook, Illinois church has filed a federal lawsuit under RLUIPA alleging that the village is substantially burdening its free exercise of religion by refusing to allow it to operate in Bolingbrook Commons, a shopping center that is already zoned to permit churches and in which another church is located. The complaint (full text) in Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, (ED IL, filed 3/30/2011), alleges that village officials claim the shopping center is zoned B-2 (which does not allow churches), even though the village zoning map designates the area as B-4 (commercial). According to Bolingbrook Patch, the current zoning maps show Bolingbrook Commons in an area colored orange with no B-2 label near it. Village officials say the maps have been removed from the Village website in order to update them so that the zones show more clearly. The complaint claims the mayor told a church Elder that the village already has enough churches and that the landlord should never have executed a lease to the church without the mayor's permission.

UPDATE: Chicago Tribune reports (4/12) that Liberty Temple Full Gospel Church has been granted a temporary restraining order by the federal district court that will allow it to open its church in Bolingbrook Commons. Also, here is the zoning map that was at issue (via Tom Ciesielka).

Monday, April 11, 2011

Science Teacher's Appeal of Firing Remanded To State Court

In January, the Mount Vernon, Ohio Board of Education fired middle school science teacher John Freshwater on the basis of a referee's report that concluded Freshwater used his classroom to advance his Christian religious views. (See prior posting.) Pursuant to Ohio Rev. Code 3319.16, Freshwater appealed his dismissal to a state common pleas court. The school board, invoking 28 USC 1441, sought to remove the case to federal court based on the court's federal question jurisdiction. Last week in Freshwater v. Mount Vernon City School District Board of Education, (SD OH, April 5, 2011), an Ohio federal district court invoked the Younger abstention doctrine and remanded the case to state court. Today's Columbus Dispatch reports on the decision.

Demonstrators Against France's Ban On Muslim Veils Are Arrested

In Paris on Saturday, French police arrested 59 people who attempted to demonstrate at Place de la Nation to protest the taking effect today of France's ban on Muslim women wearing the niqab or burqa-- which involve full face veils-- in public. (See prior posting.) AP reports that all but 6 of those arrested have been released. Police were also ordered to arrest two others traveling to France from Britain and Belgium. Paris police banned Saturday's rally on the grounds that it threatened public order. The demonstration was called by the group Unicite Tawhib, which is associated with websites that call for Islam to dominate France and the world. Police say Jewish groups and others had planned counter protests.

UPDATE: Global News reports that as the ban on the full-face veil took effect on Monday, several women wearing veils appeared in front of Paris' Notre Dame Cathedral. Two of the women were arrested for taking part in an unauthorized protest. Women can be fined up to $215 (US) or required to attend special citizenship classes. Police have been instructed not to forcibly remove veils from women.

Sunday, April 10, 2011

Another Rabbi Pleads Guilty To Money Laundering In New Jersey Court

On Friday, Orthodox Rabbi Mordchai Fish plead guilty to using purported charitable organizations to launder some $900,000 in 15 separate transactions with developer Solomon Dwek, who became a cooperating witness for the government. According to a release by the U.S. Attorney's Office, Fish received approximately 10% of the funds for his efforts. The Information filed in the case also seeks forfeiture of $90,000 of funds from Fish. Fish has agreed to the forfeiture. Fish's arrest was part of a large sting operation conducted in 2009 that led to charges against 44 public officials and rabbis. (See prior posting.) Last month, another rabbi arrested in the sting operation plead guilty as well. (See prior posting.) Yesterday's Newark Star-Ledger, reporting on Fish's plea, describes the efforts Fish made to hide his participation-- changing cell phones, speaking in a combination of English, Yiddish and Hebrew, and referring to laundered money as "gemoras" in order not to use the term "cash". Sentencing is scheduled for July 28 where Fish is likely to receive a sentence between 33 months and 5 years.

Town Reverses Itself On Roadside Bible Verse Sign

In reaction to a lawsuit filed against it last month (see prior posting), the town of Chichester, New Hampshire's Planning Board has reversed itself and by a vote of 5-2 has agreed to permit an electronic roadside sign that displays a different Bible verse every day to be put up on property along Route 4. A press release by Alliance Defense Fund says that opponents originally argued that the sign might display "objectionable" Bible verses and might distract drivers more than commercial signs.

Suit Challenges High School's Refusal To Recognize Pro-Life Student Club

A federal court lawsuit was filed last week in Minnesota challenging a public high school's refusal to recognize a pro-life student group, the ALIV (All Life Is Valuable) Club, as an official student organization. The complaint (full text) in ALIV Club v. Independent School District #885, (D MN, filed 4/7/2011), alleges that the school refused recognition because the club "does not support the student body as a whole." The suit was filed by the club and a Christian student who is a member and leader of the group. It alleges that the school district has violated the Equal Access Act, the freedom of expression and religion provisions of the 1st Amendment, as well as the equal protection and due process clauses of the 14th Amendment. Friday's Minnesota Independent reported on the case.

Recent Prisoner Free Exercise Cases

In Sareini v. Burnett, 2011 U.S. Dist. LEXIS 34525 (ED MI, March 31, 2011), a Michigan federal district court permitted a Muslim plaintiff to move ahead with his complaint that prison authorities cross-contaminate the vegetarian meal option offered to inmates. However it rejected his claim that his rights were violated when he was denied a halal diet and not permitted to possess certain religious items. The court also rejected a claim that prisoner banquet restrictions prevented accommodation of Muslim religious holidays. The magistrate's recommendation is at 2010 U.S. Dist. LEXIS 142414, Dec. 23, 2010.

In Hennis v. Tedrow, 2011 U.S. Dist. LEXIS 34705 (WD PA, March 31, 2011), a Pennsylvania federal district court rejected claims by a practitioner of "orthodox Nazarite vow Rastafarianism" that his rights were violated when he was told to cut his dreadlocks, and was denied vegetarian meals during a lock down. The court dismissed without prejudice for failure to exhaust administrative remedies his claim that he was deprived of his religious headgear.

In Inzunza v. Moore, 2011 U.S. Dist. LEXIS 34610 (ND TX, March 31, 2011), a Texas federal magistrate judge rejected an inmate's complaint that House of Yahweh members are not permitted to worship together as a separate religious group. There is no outside volunteer presently available to lead the services.

In Brown v. Graham, 2011 U.S. Dist. LEXIS 34345 (ND NY, March 31, 2011), a New York federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 34383, March 30, 2011), and dismissed an inmate's complaint that his rights were violated when on one occasion he was deprived of a kosher meal.

In Hemphill v. Jones, 2011 U.S. Dist. LEXIS 35040 (ED OK, March 31, 2011), an Oklahoma federal district court rejected a claims by an adherent of nations of Gods and Earths that his rights were violated when on one occasion his vegetarian/ non-pork food tray was cross contaminated, and when a package containing religious items-- vials of oil and home made soap-- was diverted for inspection and never delivered to him.

In Corouthers v. Flowers, 2011 U.S. Dist. LEXIS 35004 (ND FL, March 16, 2011), a Florida federal magistrate judge recommended dismissing a Muslim inmate's claim for $30,000 in damages and mandatory injunctive relief. Plaintiff objected to Muslim prison chaplains calculating the dates of Ramadan using a calendar rather than the actual sighting of the moon.

In Hartmann v. California Department of Corrections and Rehabilitation, 2011 U.S. Dist. LEXIS 36409 (ED CA, March 24, 2011), a California federal district court dismissed a claim against the Secretary of the California Corrections Department complaining that prisons do not employ Wiccan chaplains. The complaint lacked allegations that connected the Secretary to the challenged policy.

In Kirksey v. Frank, 2011 U.S. Dist. LEXIS 36297 (D HI, March 31, 2011), an Hawaii federal district court rejected a Muslim inmate's claim that he was denied a diet consistent with his religious belief and was denied access to religious items.

In Brady v. Marsh, 2011 U.S. Dist. LEXIS 36685 (ED CA, March 28, 2011), a California federal magistrate judge dismissed with leave to amend an inmate's complaint that while in the Solano County jail he was not provided with a kosher diet or a Torah.

In Cacciaguidi v. State, (ID App., April 5, 2011), an Idaho appeals court rejected an inmate's claim that her free exercise rights were violated when the staff of a drug rehabilitation program did not permit her to say "God" in therapeutic community proceedings. It also rejected her claim that her free exercise rights were violated by not being able to defend herself against false charges from other participants in the therapeutic community.

In Sisneroz v. Whitman, 2011 U.S. Dist. LEXIS 37240 (ED CA, April 5, 2011), a California federal district court rejected claims by a civil detainee that his free exercise rights were violated when he was not permitted to participate in religious services while being held in jail.

In Maxwell v. Golden, 2011 U.S. Dist. LEXIS 33944 (ED AR, March 29, 2011), an Arkansas federal district court accepted most of a magistrate's recommendations (2011 U.S. Dist. LEXIS 37587, Feb. 7, 2011), and held that an inmate's free exercise rights were not violated by denying him the right to correspond with a female inmate to whom he claimed to be married. Plaintiff claims they were married pursuant to their G-Doffeeist religion. The court permitted plaintiff to proceed with his free expression challenge to the inmate correspondence policy that required him to produce a marriage license or court documentation of his marriage to correspond with his wife.

Saturday, April 09, 2011

Dutch Parliament Will Vote On Banning Kosher and Halal Slaughter

Netherlands Parliament is expected to vote later this month on a bill that, if passed, will outlaw kosher and halal slaughtering of animals. AP reports that the bill would eliminate the exemption that now allows slaughter according to Jewish and Muslim religious requirements without animals first being stunned. The bill may pass because it is supported by an alliance of the Party of the Animals, an animal rights party, and the far right Freedom Party (which is particularly hostile to Dutch Muslims). Centrist parties say the bill is a distraction from the much more serious problem of abuses at regular slaughterhouses. Netherlands' Christian Democratic Party opposes the bill because it will tarnish the country's image as a haven of tolerance for religious minorities. Netherlands was one of the first European countries to allow Jews to practice their religion openly. (Background.)

Ambassador Responds To IG's Critical Report On His Religious Writing And Speeches

U.S. Ambassador to Malta, Douglas Kmiec, an important Catholic supporter of President Obama, reacted yesterday to a report that the State Department Inspector General's Office had released earlier this week criticizing him for spending too much time on writing and speaking on subjects outside his core mission. These writings and speeches have focused on issues such as his religious beliefs and abortion. (See prior posting.) According to AP, Kmiec said in part:

I must say that I am troubled and saddened that a handful of individuals within my department in Washington seem to manifest a hostility to expressions of faith and efforts to promote better interfaith understanding. Our constitution proudly protects the free exercise of religion - even for ambassadors.

State Department Releases 2010 Country Reports On Human Rights Practices

Secretary of State Hillary Clinton yesterday released the State Department's 2010 Country Reports on Human Rights Practices. The reports cover in detail human rights conditions in over 190 countries. The introduction has the following to say about religious freedom around the world:

In Saudi Arabia in 2010, the government restricted access to the Internet.... The official Communications and Information Technology Commission (CITC) ... blocked sites, including pages about Hinduism, Judaism, Christianity, and certain forms of Islam deemed incompatible with Sharia law and national regulations....

In Pakistan, religious freedom violations and violence and discrimination against religious minorities continued. The blasphemy laws were used to harass religious minorities as well as vulnerable Muslims or Muslims with minority views. (In the first two months of 2011, two senior government officials who publicly challenged these laws were brutally killed.) In Saudi Arabia, there were severe restrictions on religious freedom and discrimination on the basis of religion was common. In China, the government continued to demonize the Dalai Lama and harshly repress Uighur Muslims in Xinjiang and Tibetan Buddhists. There were reports of increases in anti-Semitic acts around the world, including the desecration of cemeteries, graffiti, and blood-libel rhetoric, as well as Holocaust denial, revisionism, and glorification. There have also been spikes in expressions of anti-Semitism during events in the Middle East.

Secretary Clinton also announced the creation of a new website, humanrights.gov that offers "one-stop shopping for information about global human rights from across the United States Government."

Friday, April 08, 2011

Control of United Effort Plan Trust Given Back To FLDS Church

Following up on his January decision holding unconstitutional the five years of Utah state court proceedings aimed at reforming the polygamous FLDS Church's United Effort Plan Trust, federal district judge Dee Benson on Thursday signed a temporary order handing control of the Trust back to FLDS Church leaders. Deseret News reports on the court's action. The court's January decision is already under appeal to the 10th Circuit.